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Home My WebLink AboutPSD-103-09~~~~~ REPORT -Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIQON MEETING Date: Monday, November 2, 2009 11 ~ a ~ ~^~~ ~ ~' ~~ ~ S ~'~~ 9 Report #: PSD-103-09 File No's: A2009-0037 through A2009-0039 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 15, 2009. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-103-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 15, 2009 for applications A2009-0037 through A2009-0039 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: [/ ~~/~~~1~ l"~- David J~Crome, MCIP, RPP Director of Planning Services October 27, 2009 MM/CP/av/df Reviewed by: ~ Fra in Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-103-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a 'hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR October 15, 2009 1.2 Application A2009-0037 was filed to permit an increase in maximum number of individual business establishments with a total floor area less than 300 square metres but greater than 100 square metres from 4 to 6 units and to permit a medical or dental clinic to be located on the first floor of a building, where the By-law requires such use to be on the second floor. At the Committee of Adjustment meeting on October 1, the Committee, having only four members present, were unable to make a decision to approve or to deny, as the vote was split evenly. All motions were lost due to the split vote and the Committee decided to table the application until the next available meeting. Additional materials were provided to Staff and Committee in advance of the meeting on October 15, 2009, to address the concerns of the Committee from the October 1, 2009 meeting. Staffs recommendations were unchanged from the original comments and the Committee was satisfied with the materials provided by the applicant. The Committee concurred with Staff's recommendations and approved the application. 1.3 Application A2009-0038 was filed to permit the construction of a single detached dwelling by reducing the required exterior side yard setback from 6 metres to 5.5 metres and by increasing the maximum permitted projection of an unenclosed porch and steps into a required exterior side yard from 1.5 metres to 1.8 metres. The Committee concurred with Staffs recommendations and approved the application. 1.4 Application A2009-0039 was filed to permit the construction of an attached deck (unenclosed) by increasing the maximum permitted total lot coverage from 40% to 47%. The Committee concurred with Staffs recommendations and approved the application. REPORT NO.: PSD-103-09 PAGE 3 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0037 through A2009-0039 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2009-0037 through A2009-0039 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment (October 15, 2009) Attachment1 To Report PSD-103-09 ~dl.1~L~°tAll Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: HALLOWAY DEVELOPMENTS LIMITED OWNER: HALLOWAY DEVELOPMENTS LIMITED PROPERTY LOCATION: 2378 HIGHWAY 2, BOWMANVILLE PART LOT 16, CONCESSION 1 FILE NO.: FORMER TOWNSHIP OF DARLINGTON A2009-0037 PURPOSE: TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER OF INDIVIDUAL BUSINESS ESTABLISHMENTS WITH A TOTAL FLOOR AREA LESS THAN 300 MZ BUT GREATER THAN 100 MZ FROM FOUR (4) TO SIX (6) AND TO PERMIT A MEDICAL OR DENTAL CLINIC TO BE LOCATED ON THE FIRST FLOOR OF A BUILDING FOR ANON-RESIDENTIAL USE. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER OF INDIVIDUAL BUSINESS ESTABLISHMENTS WITH A TOTAL FLOOR AREA LESS THAN 300 MZ BUT GREATER THAN 100 MZ FROM FOUR (4) TO SIX (6), RESULTING IN A MAXIMUM OF FOUR (4) INDIVIDUAL BUSINESS ESTABLISHMENTS TO BE CONSTRUCTED IN PROPOSED BUILDING "E" (2378 DURHAM HIGHWAY 2) AS SHOWN ON THE APPROVED SITE PLAN AND TO PERMIT A MEDICAL OR DENTAL CLINIC TO BE LOCATED ON THE FIRST FLOOR OF BUILDING "E" WITHIN THE "STREET-RELATED COMMERCIAL EXCEPTION (C9-3)" ZONE, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 15, 2009 LAST DAY OF APPEAL: November 04, 2009 Clar.~gton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 673666 ONTARIO LIMITED/CITY HOMES OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 61 HOCKLEY AVENUE, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0038 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.5 METRES AND BY INCREASING THE MAXIMUM PERMITTED PROJECTION OF AN UNENCLOSED PORCH AND STEPS INTO A REQUIRED EXTERIOR SIDE YARD FROM 1.5 METRES TO 1.8 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.5 METRES AND BY INCREASING THE MAXIMUM PERMITTED PROJECTION OF AN UNENCLOSED PORCH AND STEPS INTO A REQUIRED EXTERIOR SIDE YARD FROM 1.5 METRES TO 1.8 METRES, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 15, 2009 LAST DAY OF APPEAL: November 4, 2009 C~aringt~n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DAVID GILLARD OWNER: DAVID GILLARD PROPERTY LOCATION: 102 COURVIER CRESCENT, BOWMANVILLE PART LOT, CONCESSION FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0039 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 47%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 47% AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 15, 2009 LAST DAY OF APPEAL: November 4, 2009